Trial begins for man beaten by officers

LAS CRUCES - The trial for a man beaten by two Las Cruces police officers in a holding cell in December 2014 got underway Tuesday in 3rd Judicial District Court.

Ross Flynn, 49, is charged with aggravated assault with a deadly weapon, fourth-degree felony, according to court documents. He is accused of brandishing a rifle at a female neighbor during a disagreement on Dec. 23, 2014, near his home in the 1500 block of Foster Road.

Flynn also is charged with assault on a peace officer, a misdemeanor, and resisting, obstructing or refusing to obey an officer, a petty misdemeanor, court records show. When officers arrived at the scene, Flynn allegedly refused to comply with officers’ commands, causing one officer to fear for his safety.

After Flynn was detained, he was taken to the Las Cruces Police Department for questioning. While handcuffed in a holding cell, he was beaten by two officers – Danny Salcido and Richard Garcia – who were captured on surveillance video repeatedly kneeing Flynn in the stomach and slamming him to the ground.

His attorneys, Jeff Lahann and Christopher Cardenas of Las Cruces, have claimed Flynn sustained a fractured skull, a brain hemorrhage, as well as broken ribs and contusions, among other serious injuries, as a result of the officers’ actions. Flynn is seeking a multimillion dollar settlement in a federal lawsuit against LCPD, the officers and the city of Las Cruces

Flynn’s trial began Tuesday morning before District Judge Marci E. Beyer. Jurors heard testimony from several officers who responded to the Dec. 23 incident, including Josh Savage, who is now a sergeant, and Justin Ramirez.

Savage arrived on the scene at 7:16 p.m., after being dispatched on the report of a man with a gun, according to his testimony. Moments later, the officer said he identified Flynn as the suspect based on a description given by 911 dispatchers.

A woman flashed a spotlight in his face, obscuring his vision, he said. He ordered the woman to put the light down and commanded Flynn to put his hands up. Video and audio recordings played for the jurors show that Flynn had his hands open and was not carrying a weapon.

Still, Savage told jurors that Flynn began to “aggressively” advance toward him, and he kicked him in the stomach.

Ramirez testified he was the second officer on the scene, arriving shortly after Savage. Ramirez had activated his belt recorder while driving to the scene from LCDP, he said. In the recording, Savage can be heard ordering Flynn to put his hands up. Ramirez also can be heard commanding Flynn to comply with orders.

Thirteen seconds after Ramirez gave his first command, he shot Flynn with his Taser. Video from the stun gun shows Flynn with open hands before he was stuck. He fell to the ground, and the officers ordered him to place his hands behind his back.

The two officers maintained that Flynn was not complying, even though his hands were visibly open.

Lahann argued that Flynn, in the recording, can be heard pleading for the officer not to shoot him. However, Savage and the case’s lead prosecutor, Keythan Park of the 3rd Judicial District Attorney’s Office, suggested Flynn had flippantly asked to be stunned.

Before proceedings concluded Tuesday, Park showed the jury photo exhibits of two rifles and ammunition that were in Flynn’s truck at the time of the incident. Lahann, however, pointed out that Flynn was in legal possession of those firearms.

The trial is expected to continue today. If convicted as charged, Flynn faces a maximum of three years in prison.

Later this month, one of the former officers who beat Flynn in the holding cell is expected to stand trial. Online court records show Salcido's trial is scheduled to begin April 26 before District Judge Fernando R. Macias. Garcia’s trial is scheduled to begin on June 27, also before Macias.

The former officers are each charged with aggravated battery resulting in great bodily harm, a third-degree felony. They have previously pleaded not guilty.

They each face a maximum of three years in prison if convicted.

The cases will be jointly prosecuted by the District Attorney's Office and the New Mexico Attorney General's Office.